Fill out this form to email this article to a friend
Community Living
Board members usually appoint officers
By RICHARD WHITE
Published April 23, 2005
Q. We are a self-managed association. After we elect new board members at our annual meeting, the board meets in secret to elect officers. Nominations from the floor are never solicited, and the members cannot vote for the officers. That seems unfair. What are the proper steps for nominating and voting for officers?
A. In virtually all associations, the members elect the directors, then the directors elect the officers. The board's duties include deciding who will manage the association. The entire board is responsible for seeing that those elected as officers perform their duties appropriately, and if they don't, the other directors can vote to remove the officer and elect someone else to that office.
Why a special assessment?
Q. We are about to have a special assessment to cover repairs of exterior cracking in the fascia. The payments will be spread over two years. I have been told that every owner should pay an equal amount, not a percentage, as our monthly maintenance is calculated. Which is right?
A. The board can collect the payments in one payment or over time, as you plan to do, and it can be the same amount per unit or a percentage based on size of unit. (See the next question for more on this.) What really concerns me is that you are having a special assessment at all. If your association was collecting reserves, as it should, you would have the money you need for repairs with no need for a special assessment.
Don't blame Tallahassee
Q. My monthly maintenance fee for a two-bedroom is more than twice the fee of a one bedroom. I was told that Tallahassee established the fees, but nothing in our deed says that my unit should pay more. Can you clarify why I'm paying more?
A. Tallahassee does not establish your monthly maintenance fees. They were established by the developer when the community was created as a legal entity. See your documents for details. Condominium units must list the percentage on the deed; homeowner associations do not. The percentage of ownership of all units must total 100 percent. The board cannot change these percentages. When you bought your unit, you agreed to comply with the documents and thereby accepted the terms of the documents. If you're not happy with the percentage you're paying, blame the developer.
Richard White is a licensed community associations manager. Write to him c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731; or e-mail him at CAMquestions@cfl.rr.com Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.
Readers may call the state Division of Condominiums Bureau of Customer Service at 800 226-9101 with questions or requests for materials. Access the Bureau of Condominiums Web site at www.state.fl.us/dbpr/lsc/index.shtml or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.
Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.
[Last modified April 22, 2005, 08:41:05]
Share your thoughts on this story
[an error occurred while processing this directive]
|
News
Fifty years ago, they were screwed-up kids sent to the Florida School for Boys to be straightened out. But now they are screwed-up men, scarred by the whippings they endured. Read the story and see a video and portrait gallery.
Print
Email story
Comment
Email editor